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HomeMy WebLinkAboutLOS Variance Commission SummaryN:\3638\013\DOCS\SITE PLAN\Variance\LOS Variance Commission Summary.docx Kohl’s Level of Service Zoning Variance #C-10003 Applicant’s Summary During the Kohl’s Site Application process City Engineer Bob Murray informed Mitchell Development Group of a potential Level of Service issue with the intersection of South 23rd Avenue and College Street. He suggested per the Site Plan Review Criteria under the UDO Section 18.34.090.A.5 (The impact of the proposal on the existing and anticipated traffic and parking conditions. (Referencing UDO Chapter 18.44)) that a Traffic Impact Study be performed to determine if such an issue existed. In May 2010 a Traffic Impact Study (TIS) was done for the intersections adjacent to the proposed site including the intersection of South 23th Avenue and West College Street. The attached Exhibit shows that the TIS indicated that only one movement, the south bound left turning movement on 23th Avenue onto West College Street is at a Level Of Service (LOS) “F” only during the Weekday PM Peak Hour. The south bound left turning movement on 23rd Avenue onto West College Street is at a LOS “F” before adding Kohl’s negligible impact. The LOS movements for the remainder of the intersection are “C” or greater therefore, these movements have an acceptable LOS per the City of Bozeman. The TIS also anticipates the impact of traffic generated by the proposed Kohl’s project. As shown on the attached Exhibit, the Kohl’s anticipated traffic only increases the traffic through the intersection of South 23th Avenue and College Street by 1.76% during the Weekday PM Peak Hour and 5.06% during the Saturday Midday Peak Hour. Highlighted on the exhibit is the anticipated traffic impact that Kohl’s will contribute to the failing turning movement. The impact is zero (0). Requiring Kohl’s to mitigate the Level Of Service at the intersection of South 23rd Avenue and West College Street is contrary to the public interest and imposes a hardship on the project. Granting a variance to the Kohl’s project does observe the spirit the UDO and Growth Policy. The Kohl’s project has a zero impact to the failing turning movement (LOS “F”) at the intersection in question. Requiring Mitchell Development Group to mitigate a zero impact is contrary to the public interest, the spirit of the UDO and Growth Policy and imposes a hardship on the project. The small amount of traffic generated by the proposed Kohl’s project that will travel west on West College Street cannot legally access Kohl’s from West College Street. . There is no left turning movement allowed off of West College Street south on to South 29th Avenue where Kohl’s will be located. Again, requiring Kohl’s to mitigate the entire intersection at question for a minimal amount of traffic that will most likely access Kohl’s from other than West College Street is contrary to the public interest, the spirit of the UDO and Growth Policy and imposes a hardship on the project. The projected opening date for Kohl’s is October 2011. Improvements to West College Street from Main Street to South 19th Avenue are identified in the City of Bozeman’s Recommended Capital Improvements Program: Fiscal Years 2011-2015 (City of Bozeman, December 14, 2009) and are tentatively scheduled to occur in FY11 – FY 13. Therefore, there is a relatively short period of time from the opening of Kohl’s to the planned improvements to West College Street. Mitchell Development Group is not trying to avoid providing their share of infrastructure improvements for the impacts of The Bozeman Gateway PUD. In fact Mitchell Development has already spent over three and one half million dollars on City infrastructure improvements. These improvements include construction of Fowler Avenue south of West Main, West Garfield Street from Fowler to South 19th Avenue, a traffic signal at West Main and Fowler, the reconfiguration of the West Main and West College Street intersection with traffic signal improvements and even installing and upsizing a sewer main that will provide future service to southwest Bozeman. Please grant Mitchell Development Group the variance from the Level of Service Standard for the reasons and justifications provided above.